Basics of Writing a Will and Setting Up a Power of Attorney
Writing a Will and setting up a Power of Attorney (PoA) are two essential, yet entirely separate, pillars of estate planning in India. They operate on completely different timelines: a PoA is only valid during your lifetime , while a Will only comes into effect after your death . Here is the essential guide to understanding and setting up both documents under Indian law. Part 1: Writing a Will in India A Will is a legal declaration of how you want your movable and immovable assets distributed after your death. It is governed primarily by the Indian Succession Act, 1925 . Eligibility: Anyone who is at least 18 years old (or 21 under certain succession interpretations) and of sound mind can execute a Will. The Format: A Will does not require a specific legal format or stamp paper. It can be typed or handwritten on plain paper. Core Elements of a Will To ensure your Will is legally robust, it must include: Declaration of Intent: A clause stating your full l...